Darragh Scully

Edith Cowan University

2004413

Criminal Law

 

CRIMINAL RESPONSIBILITY: Automatism section 23 and 27: The case of Mary and Bob and the staging of the Falconer case 1990.

v     Mary and Bob had been married for 20 years and had two daughters, Sue aged 18 and Betty aged 15.

v     The relationship between Mary and Bob had never been smooth and on at least 6 occasions Bob had beaten Mary to the extent that she received hospital care.

v     On Tuesday the 14th of March 1995, Sue and Betty confided in Mary that their father had sexually assaulted them both since they were 13 years old.

v     Mary was shocked and appalled and confronted Bob about it the next day. He didn’t deny the accusations but refused to respond.

v     Nothing significant happened for some time and neither Mary nor Bob moved out of the Matrimonial home.

v     On the 3rd of April Mary shot Bob in the head and killed him whilst he was asleep.

v     In statements to the police, Mary stated that she recalls washing up after dinner on the 2nd of April, however ‘cannot recall getting the gun from the safe in the house

v     Nor can she remember using the gun to shoot Bob.

v     The only fingerprints on the Gun belonged to her, her neighbors found her sitting on the bed, looking at Bob, holding the gun, and crying, “what have I done?”

§         Mary is charged with willful murder.

§         She pleads that she was in a dissociative state and has no recollection of the events.

§         She pleads not guilty.

 

§         Discuss Mary’s options pursuant to the provisions of S.’s 23, and 27 of the criminal code.

Hosted by www.Geocities.ws

1